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DV 2018 All Selectees

My wife was born in Morocco but has lived in France all her life ever since she was a baby. She is also a French citizen.

She entered the lottery with France as her country of eligibility.

Was it actually a mistake?

Thanks
 
Vicsand said:
My wife was born in Morocco but has lived in France all her life ever since she was a baby. She is also a French citizen.

She entered the lottery with France as her country of eligibility.

Was it actually a mistake?

Thanks
Click to expand...

So her CN is EU and not AF? Yes that is a disqualifying mistake. It doesn't matter if she only lived in Morocco for one day, she should have selected Morocco as her chargeability country. Her French citizenship doesn't count in this case.

If you are born in France yourself, then she may be able to claim cross chargeability to you. Of course that means you'll both need to meet the educational or work requirements.
 
Vicsand said:
My wife was born in Morocco but has lived in France all her life ever since she was a baby. She is also a French citizen.

She entered the lottery with France as her country of eligibility.

Was it actually a mistake?

Thanks
Click to expand...

Just posting to say what mom said is correct (because sometimes we get people wanting second opinions in cases like this). Unless you were born in France and she can cross-charge to you, it is a disqualifying mistake. The rules/instructions are actually very clear on this matter.
 
Thanks Mom and Susie.

Yes, I was born in France and meet both the educational and work requirements.

Is there anything I should do prior to the interview to claim cross-chargeability? Or is it done automatically so to speak at the interview?
 
Sm1smom said:
So her CN is EU and not AF? Yes that is a disqualifying mistake. It doesn't matter if she only lived in Morocco for one day, she should have selected Morocco as her chargeability country. Her French citizenship doesn't count in this case.

If you are born in France yourself, then she may be able to claim cross chargeability to you. Of course that means you'll both need to meet the educational or work requirements.
Click to expand...

Yes, her CN is 2018EU and I was born in France.
 
Vicsand said:
Thanks Mom and Susie.

Yes, I was born in France and meet both the educational and work requirements.

Is there anything I should do prior to the interview to claim cross-chargeability? Or is it done automatically so to speak at the interview?
Click to expand...

It won't be "automatic", you'll have to ask for it, and because you need to meet the requirements you'll have to bring your own proof of education etc along as well.
You may have to be prepared to argue your case - as there is a question on the entry form that asks what the basis of chargeability being used is if it's not country of birth and presumably that wasn't filled in.
 
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SusieQQQ said:
It won't be "automatic", you'll have to ask for it, and because you need to meet the requirements you'll have to bring your own proof of education etc along as well.
You may have to be prepared to argue your case - as there is a question on the entry form that asks what the basis of chargeability being used is if it's not country of birth and presumably that wasn't filled in.
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My wife filled in the e-dv as follows:

5- Country you were born?

Morocco.

6- Country of Eligibility for DV Program.

Are you claiming eligibility based on the country you were born?

No.

if, not you must select a country from which you are claiming eligibility.

France

---

We do not recall having encountered a question mentioning the term chargeability per se anywhere in the process. Was it in the DS-260?

I must also mention that the only reason we did this is because her Moroccan passport is no longer valid, but Morocco is an eligible country. We have no other explanation to give.

And when you say "you'll have to ask for it," do you mean at the time of the interview or prior through KCC?

Thanks
 
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Hi,
My case number is DV2018SA000019xx. Currently, i an living in the US with and F2visa (my wife is f1). My question are ....
1. If i apply and at the end my visa is not adjudicated due to time frame issues (my case number is so high) ... is that going to affect my non-immigrant visas in a future? like my student or tourist visas? or the possibility of getting another ones like a j visa. (A lawyer told me that if i am not called i can start forgetting about getting another visa in the future).

2. While i am applying to this process could my wife and i also apply to an H1b/H4 visa if offered? (that might happen)

3. If i decide to apply and send the DS260 form ... When do i need to send the 330 payment? before the start of the fiscal year or it could be later only if my number becomes current (lets say may of next year).
 
Vicsand said:
My wife filled in the e-dv as follows:

5- Country you were born?

Morocco.

6- Country of Eligibility for DV Program.

Are you claiming eligibility based on the country you were born?

No.

if, not you must select a country from which you are claiming eligibility.

France

---

We do not recall having encountered a question mentioning the term chargeability per se anywhere in the process. Was it in the DS-260?

I must also mention that the only reason we did this is because her Moroccan passport is no longer valid, but Morocco is an eligible country. We have no other explanation to give.

And when you say "you'll have to ask for it," do you mean at the time of the interview or prior through KCC?

Thanks
Click to expand...

Okay now, you're simply trying to be technical and it doesn't excuse the fact that you guys wrongly charged or claimed eligibility through France. The instructions clearly states (forget about the term "chargeability"):

  1. Country of eligibility for the DV program – Your country of eligibility will normally be the same as your country of birth. Your country of eligibility is not related to where you live or your nationality, if it is different from your country of birth. If you were born in a country that is not eligible, please review the Frequently Asked Questions to see if there is another way you may be eligible.
    https://travel.state.gov/content/da...Translations/DV-2018 Instructions English.pdf
 
Rpcz said:
Hi,
My case number is DV2018SA000019xx. Currently, i an living in the US with and F2visa (my wife is f1). My question are ....
1. If i apply and at the end my visa is not adjudicated due to time frame issues (my case number is so high) ... is that going to affect my non-immigrant visas in a future? like my student or tourist visas? or the possibility of getting another ones like a j visa. (A lawyer told me that if i am not called i can start forgetting about getting another visa in the future).

2. While i am applying to this process could my wife and i also apply to an H1b/H4 visa if offered? (that might happen)

3. If i decide to apply and send the DS260 form ... When do i need to send the 330 payment? before the start of the fiscal year or it could be later only if my number becomes current (lets say may of next year).
Click to expand...

1. Yes future NIV petitions may be impacted as a result of your demonstrated immigrant intent.

2. Yes, H1/H4 are dual intent visas.

3. For a high CN, you might want to hold off until you're certain your CN is likely to become current - the fee is none refundable if your CN doesn't become current.
 
Vicsand said:
My wife filled in the e-dv as follows:

5- Country you were born?

Morocco.

6- Country of Eligibility for DV Program.

Are you claiming eligibility based on the country you were born?

No.

if, not you must select a country from which you are claiming eligibility.

France

---

We do not recall having encountered a question mentioning the term chargeability per se anywhere in the process. Was it in the DS-260?

I must also mention that the only reason we did this is because her Moroccan passport is no longer valid, but Morocco is an eligible country. We have no other explanation to give.

And when you say "you'll have to ask for it," do you mean at the time of the interview or prior through KCC?

Thanks
Click to expand...

I don't know the entry form off by heart but according to the instructions /FAQ it says, on page 8 just below halfway down, that you need to explain why in question 6 (sorry, I have trouble cutting & pasting from PDFs on my phone).

I'm not sure you read those instructions/FAQs ...it explicitly states the country where you live now doesn't matter, and doesn't say anything about needing a passport from your country of eligibility. Anyway. You are one of the few cases where not reading the instructions may end up ok. KCC can't do anything re the eligibility aspect. You need to discuss it in the interview.
 
Thanks Mom and Susie for the link!

I guess I will find out at the time of the interview whether it was okay or not.

I know I'm asking a difficult question, but do you think my odds of success are better with CP or AoS for this particular eligibility issue?
 
Sm1smom said:
3. For a high CN, you might want to hold off until you're certain your CN is likely to become current - the fee is none refundable if your CN doesn't become current.
Click to expand...

Do you have to pay beforehand ? i only recall that i only had to pay something during my interview at the consular (or is he doing AOS - which i am not familiar of the process)
 
Vicsand said:
Thanks Mom and Susie for the link!

I guess I will find out at the time of the interview whether it was okay or not.

I know I'm asking a difficult question, but do you think my odds of success are better with CP or AoS for this particular eligibility issue?
Click to expand...

Are you living in the US currently?
 
Vicsand said:
We do not recall having encountered a question mentioning the term chargeability per se anywhere in the process. Was it in the DS-260?
Click to expand...

FYI FAQ number 1 on page 8 of the instructions mentions the term chargeability. So you should have encountered it before you even filled in the entry form, long before you reached the DS260. It makes it plain that eligibility and chargeability are interchangeable terms.
 
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